D.K.SINHA, J. - (1.) THE petitioners herein have preferred this Cr. Revision against the order impugned dated 27.3.04 passed by the Additional Judicial Commissioner, F.T.C. IX, Ranchi, in Sessions Trial No. 312/02, arising out of Ratu P.S. Case No. 50/02 whereby and whereunder the discharge petition filed by the petitioners under Section 227 of the Code of Criminal Procedure was rejected.
(2.) THE brief fact of the case as stands narrated in the written report of the informant Lal Kishore Nath Sahdeo presented before the Ratu Police on 19.5.2000 is that one Siya Ram Singh and Sheo Kumar Singh with other 5 to 6 persons entered in their premises and after exchange of hot words, Siya Ram Singh took out a revolver from his waste and pointed it on the informant and as soon as he attempted to fire shot his brothers intervened and in course of scuffle his revolver fell down. In same sequence Siya Ram Singh commanded and his men resorted indiscriminate firing from their rifles etc. Upon hearing the firing of shots a large number of villagers rushed there and snatched their rifles. In the same sequence the villagers assaulted them causing injuries. Police on information on mobile phone rushed there, arrested the culprits with their firearms and on the written report, Ratu P.S. Case No. 50/02 was instituted for the offence under Sections 147, 148, 149, 452 and 307 I.P.C. as also under Section 27 of the Arms Act on 19.5.2000 against two named accused and 5/6 unknown (Annexure -1). Mr. Ganesh Prasad Singh, Senior Counsel appearing on behalf of the petitioners submitted that the present case was brought about by the informant with a view to save his skin. As a matter of fact, informant as well as his men had brutally assaulted the petitioners and snatched their valuables and licencee firearms and for their injuries, petitioners were admitted to RMCH for about a month. The counter case was lodged against the informant and 9 other named accused persons for the offence under Sections 342/323/324/307/363/379/427/34 I.P.C. as also under Section 27 of the Arms Act vide Ratu P.S. Case No. 51/2000 (Annexure -2).
(3.) MR . Singh pointed out that it can well be gathered from the counter case that the petitioners were being harassed regularly by the informant and his men by extortion and other illegal demands which were objected to by the petitioners since the sole object was to destroy the business of petitioners. As such one of the petitioners was assaulted by the informant and on the alleged date of occurrence the petitioners were called upon by the O.P. No. 2 Lal Kishore Nath Sahdeo for negotiation. In response to such call the petitioners, went to the informant with their licencee arms and ammunitions in their self defence sensing the ulterior motive of the informant but the informant and his party on their arrival not only snatched their licencee arms but also snatched their valuables and brutally assaulted them indiscriminately with an intention to commit their murder. However, on timely arrival of the police the lives of the petitioners could be saved and they were removed to RMCH for the treatment of their grievous injuries. The police after investigation submitted charge -sheet against the informant and his party men.;